Common use of Emissions and Hazardous Materials Clause in Contracts

Emissions and Hazardous Materials. Except for small quantities of substances customarily used in the operation of a restaurant and kept and used by Tenant in accordance with applicable laws, Tenant shall not, without the prior written consent of Landlord, cause or permit, knowingly or unknowingly, any Hazardous Material (hereinafter defined) to be brought upon, kept, used, discharged, leaked, or emitted in or about, or treated at the Premises. As used in this Lease, "Hazardous Material(s)" shall mean any hazardous, toxic or radioactive substance, material, matter or waste which is or becomes regulated by any federal, state or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement, and shall include asbestos, petroleum products and the terms "Hazardous Substance" and "Hazardous Waste" as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended 42 U.S.C. 'SS' 9601 et seq. ("CERCLA"), and the Resource Conservation and Liability Act, as amended 42 U.S.C. 'SS' 9601 et seq. ("RCRA"). To obtain Landlord's consent, Tenant shall prepare an "Environmental Audit" for Landlord's review. Such Environmental Audit shall list:

Emissions and Hazardous Materials. Except for small quantities of substances customarily used in the operation of a restaurant and kept and used by Tenant in accordance with applicable laws, Tenant shall not, without the prior written consent of Landlord, cause or permit, knowingly or unknowingly, any Hazardous Material (hereinafter defined) ), other than cleaning and cooking materials which are customarily found in a first class restaurant, to be brought or remain upon, kept, used, discharged, leaked, or emitted in or about, or treated at the Premises. As used in this Lease, "Hazardous Material(sHAZARDOUS MATERIAL(S)" shall mean any hazardous, toxic or radioactive substance, material, matter or waste which is or becomes regulated by any federal, state or local law, ordinance, order, rule, regulation, code or any other governmental restriction or requirement, and shall include asbestos, petroleum products and the terms "Hazardous Substance" and "Hazardous Waste" as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended 42 U.S.C. 'SS' Section 9601 et el seq. ("CERCLA"), and the Resource Conservation and Liability Act, as amended 42 U.S.C. 'SS' Section 9601 et seq. ("RCRA"). To obtain Landlord's consent, Tenant shall prepare an "Environmental Audit" for Landlord's review. Such Environmental Audit shall list: